Great Lakes Pilotage Tariff Regulations

Link to law: http://laws-lois.justice.gc.ca/eng/regulations/SOR-84-253/FullText.html

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Great Lakes Pilotage Tariff Regulations

SOR/84-253PILOTAGE ACT
Registration 1984-03-22
Regulations Prescribing Tariffs of Pilotage Charges to be Paid to the Great Lakes Pilotage Authority
P.C. 1984-1022 1984-03-22Whereas the Great Lakes Pilotage Authority, Ltd., proposed to make Regulations Prescribing Tariffs of Pilotage Charges to be paid to the Great Lakes Pilotage Authority Ltd., pursuant to section 22 of the Pilotage Act, and did publish that proposed tariff in the Canada Gazette Part I on January 19, 1984;
And Whereas more than thirty days have expired from the date of publication and no notices of objection to the proposed amendment were filed with the Canadian Transport Commission pursuant to subsection 23(2) of the Pilotage Act.
Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to subsection 22(1) of the Pilotage Act, is pleased hereby to approve the revocation of the Great Lakes Pilotage Tariff Regulations, C.R.C., c. 1267, and approve, in substitution therefor, the annexed Regulations Prescribing Tariffs of Pilotage Charges to be paid to the Great Lakes Pilotage Authority, Ltd. for Pilotage, made by the Great Lakes Pilotage Authority, Ltd., on February 22, 1984.Short Title

1 These Regulations may be cited as the Great Lakes Pilotage Tariff Regulations.
SOR/96-409, s. 1(F).

Interpretation

2 In these Regulations,

Authority
Authority means the Great Lakes Pilotage Authority; (Administration)
breadth
breadth, in respect of a ship, means the maximum breadth in metres to the outside of the shell plating of the ship; (largeur)
Cornwall District
Cornwall District means the Canadian waters of the St. Lawrence River between the northern entrance to St. Lambert Lock and the pilot boarding station near St. Ridges in the Province of Quebec; (circonscription de Cornwall)
depth
depth, in respect of a ship, means the vertical distance in metres at amidships from the top of the keel plate to the uppermost continuous deck, fore and aft, that extends to the side of the ship and, for the purposes of this definition, continuity of a deck is deemed not to be affected by the existence of tonnage openings, engine spaces or a step in the deck; (creux)
designated waters
designated waters means the waters in International Districts Nos. 1, 2 and 3; (eaux désignées)
International District No. 1
International District No. 1 has the meaning assigned in paragraph 3(b) of the Great Lakes Pilotage Regulations; (circonscription internationale no 1)
International District No. 2
International District No. 2 has the meaning assigned in paragraph 3(c) of the Great Lakes Pilotage Regulations; (circonscription internationale no 2)
International District No. 3
International District No. 3 has the meaning assigned in paragraph 3(d) of the Great Lakes Pilotage Regulations; (circonscription internationale no 3)
length
length, in respect of a ship, means the distance in metres between the forward and aft extremities of the ship; (longueur)
movage
movage means the shifting of a ship from one place to another within the confines of a harbour but does not include a shifting carried out solely by means of a ship's lines for the purpose of loading or discharging cargo or clearing berthing space for the use of another ship; (déplacement)
undesignated waters
undesignated waters means the Canadian waters of Lake Ontario, Lake Erie, Lake Huron and Lake Superior that are not designated waters. (eaux non désignées)

SOR/96-409, s. 2(E);
SOR/2002-110, s. 2;
SOR/2003-56, s. 1.

Pilotage Charges

3 (1) The charge for a pilotage service in

(a) the Welland Canal is

(i) where a basic charge is specified in Schedule 1 in respect of that service, the basic charge multiplied by the weighting factor of the ship, and
(ii) where a charge is specified in Schedule 1 in respect of that service, the charge specified;

(b) the Cornwall District is,

(i) where a basic charge is specified in Schedule 2 in respect of that service, the basic charge multiplied by the weighting factor of the ship, and
(ii) where a charge is specified in Schedule 2 in respect of that service, the charge specified; and

(b.1) the Port of Churchill is, where a basic charge is specified in Schedule 3 in respect of that service, the basic charge multiplied by the weighting factor of the ship;

(c) a compulsory pilotage area, other than the Welland Canal, the Cornwall District or the Port of Churchill, Manitoba, is

(i) where a basic charge is specified in Schedule 1 in respect of that service, the basic charge multiplied by the weighting factor of the ship, and
(ii) where a charge is specified in Schedule 1 in respect of that service, the charge specified; and

(d) contiguous waters having the meaning of paragraph 20(2)(b) of the Pilotage Act, where a Canadian pilot provides a service, is calculated on the same basis as provided in paragraph (c).

(1.1) [Repealed, SOR/94-167, s. 1]

(2) For the purpose of subsection (1), the weighting factor of a ship whose location is set out in column 1 and whose pilotage unit is set out in column 2 of the following table is set out in column 3:
TABLE

Item
Column 1
Column 2
Column 3

Location
Pilotage Unit
Weighting Factor

1
Anywhere
Not more than 49
1.00

2
Anywhere
More than 49 but not more than 159
1.15

3
Anywhere
More than 159 but not more than 189
1.30

4
Anywhere
More than 189 but not more than 219
1.45

5
Anywhere other than the Port of Churchill
More than 219
1.45

6
The Port of Churchill
More than 219 but not more than 249
1.60

7
The Port of Churchill
More than 249 but not more than 279
1.75

8
The Port of Churchill
More than 279 but not more than 309
1.90

9
The Port of Churchill
More than 309 but not more than 339
2.05

10
The Port of Churchill
More than 339 but not more than 369
2.20

11
The Port of Churchill
More than 369 but not more than 399
2.35

12
The Port of Churchill
More than 399 but not more than 429
2.50

13
The Port of Churchill
More than 429 but not more than 459
2.65

14
The Port of Churchill
More than 459
2.80

(3) For the purposes of subsection (2), the pilotage unit of a ship is the number obtained by multiplying the length of the ship by the breadth of the ship by the depth of the ship and dividing the product obtained by 283.17.
(4) [Repealed, SOR/89-108, s. 1]
(5) [Repealed, SOR/2005-281, s. 1]

SOR/86-449, s. 1;
SOR/88-420, s. 1;
SOR/89-108, s. 1;
SOR/90-204, s. 1(E);
SOR/91-143, s. 2(F);
SOR/92-163, ss. 2, 4(F);
SOR/94-167, s. 1;
SOR/94-509, s. 1;
SOR/96-409, s. 5(E);
SOR/99-156, s. 1;
SOR/2002-110, s. 3;
SOR/2003-56, s. 2;
SOR/2003-322, s. 1;
SOR/2004-196, s. 1(F);
SOR/2005-281, s. 1;
SOR/2006-192, ss. 1, 13;
SOR/2008-179, s. 1;
SOR/2010-251, s. 1;
SOR/2011-137, s. 1.

Previous Version

Temporary Surcharge

4 A surcharge of 11% is payable until December 31, 2016 on each pilotage charge payable under section 3 for a pilotage service provided in accordance with any of Schedules 1 to 3.

SOR/2009-124, s. 1;
SOR/2009-272, s. 1;
SOR/2011-137, s. 2;
SOR/2012-120, s. 1;
SOR/2013-105, s. 1;
SOR/2015-71, s. 1.

Previous Version

SCHEDULE 1(Subparagraphs 3(1)(a)(i) and (ii) and (c)(i) and (ii) and section 4)Pilotage Charges for Areas Other than the Cornwall District or the Port of Churchill, Manitoba

Designated Waters and Contiguous Waters

1 (1) Subject to subsection (2), the basic charge for a passage, other than a movage, through International District No. 1 or any part of it, and its contiguous waters, is $18.28 for each kilometre ($30.42 for each statute mile), plus $406 for each lock transited.
(2) The minimum and maximum basic charges for a through trip through International District No. 1 and its contiguous waters are $888 and $3,901, respectively.
(3) The basic charge for a movage in International District No. 1 and its contiguous waters is $1,340.
(4) If a ship, during its passage through the Welland Canal, docks or undocks for any reason other than instructions given by The St. Lawrence Seaway Management Corporation, the basic charge is $57 for each kilometre ($93.29 for each statute mile), plus $347 for each lock transited, with a minimum charge of $1,160.

(5) The basic charge, other than that specified in subsection (4), for a pilotage service in International District No. 2 and its contiguous waters set out in column 1 of the following table is set out in column 2:
TABLE

Item
Column 1
Column 2

Pilotage Service
Basic Charge ($)

1
Through the Welland Canal, if the pilot is changed at Lock 7,

(a) for that portion of the passage between the northern limit of the Canal and Lock 7
2,140

(b) for that portion of the passage between Lock 7 and the southern limit of the Canal
2,140

2
Between Southeast Shoal and Toledo or any point on Lake Erie west of Southeast Shoal
2,287

3
Between points on Lake Erie west of Southeast Shoal
1,350

4
Between Southeast Shoal and the Port Huron Change Point or any point on the St. Clair River, if the pilot is not changed at the Detroit pilot boat
3,978

5
Between Southeast Shoal and Detroit, Windsor or any point on the Detroit River
2,287

6
Between Southeast Shoal and the Detroit pilot boat
1,655

7
Between Toledo or any point on Lake Erie west of Southeast Shoal and the Port Huron Change Point, if the pilot is not changed at the Detroit pilot boat
4,611

8
Between Toledo or any point on Lake Erie west of Southeast Shoal and Detroit, Windsor or any point on the Detroit River
2,969

9
Between Toledo or any point on Lake Erie west of Southeast Shoal and the Detroit pilot boat
2,287

10
Between Detroit, Windsor or any point on the Detroit River and any point on the Detroit River
1,350

11
Between Detroit, Windsor or any point on the Detroit River and the Port Huron Change Point or any point on the St. Clair River
2,993

12
Between the Detroit pilot boat and any point on the St. Clair River
2,993

13
Between the Detroit pilot boat and the Port Huron Change Point
2,323

14
Between points on the St. Clair River
1,350

15
Between the Port Huron Change Point and any point on the St. Clair River
1,655

(6) The basic charge for a pilotage service in International District No. 3 and its contiguous waters set out in column 1 of the following table is set out in column 2:
TABLE

Item
Column 1
Column 2

Pilotage Service
Basic Charge ($)

1
Trip, other than a movage, between the southern limit of the District and the northern limit of the District or the Algoma Steel Corporation Wharf at Sault Ste. Marie, Ontario
3,025

2
Trip, other than a movage, between the southern limit of the District and Sault Ste. Marie, Michigan, or any point in Sault Ste. Marie, Ontario, other than the Algoma Steel Corporation Wharf at Sault Ste. Marie, Ontario
2,533

3
Trip, other than a movage, between the northern limit of the District and Sault Ste. Marie, Ontario, including the Algoma Steel Corporation Wharf at Sault Ste. Marie, Ontario, or Sault Ste. Marie, Michigan
1,139

4
Movage
1,139

(7) An additional charge of $250 is payable for each embarkation or disembarkation of a Canadian pilot at the Detroit pilot boat.

Undesignated Waters and Contiguous Waters

2 (1) Subject to subsections (2) and (3), the basic charge for a pilotage service set out in column 1 of the following table is set out in column 2:
TABLE

Item
Column 1
Column 2

Pilotage Service
Basic Charge ($)

1
Being present on board, for a six-hour period or part of a six-hour period, in the undesignated waters and contiguous waters of

(a) Lake Ontario
1,001

(b) Lake Erie
880

(c) Lake Huron, Lake Michigan or Lake Superior
608

2
Docking or undocking each time in the undesignated waters and contiguous waters of

(a) Lake Ontario
953

(b) Lake Erie
678

(c) Lake Huron, Lake Michigan or Lake Superior
582

(2) If a ship with a pilot on board makes a direct transit of the undesignated waters and contiguous waters of Lake Erie between Southeast Shoal and Port Colborne, the basic charges set out in subsection (1) are not chargeable unless

(a) the ship is required by law to have a pilot on board in those waters; or
(b) the pilot provides pilotage services in those waters at the request of the master of the ship.

(3) The basic charge for pilotage services consisting of a lockage and a movage between Buffalo and any point on the Niagara River below the Black Rock Lock is $1,730.

Detention

3 (1) Subject to subsections (2) and (3), if a pilot is detained for the convenience of a ship after the end of the pilot’s assignment or during an interruption of the passage of the ship through designated waters or contiguous waters, an additional basic charge of $80 is payable for each hour or part of an hour that the pilot is detained.
(2) The maximum basic charge payable under subsection (1) for any 24-hour period is $1,920.

(3) No basic charge for the detention of a pilot is payable under this section during an interruption of the passage of a ship

(a) that is caused by ice, weather or traffic, unless the interruption is during the period beginning on December 1 in a year and ending on April 8 in the next year; or
(b) that ends during a period in respect of which a basic charge is set out in item 1 of the table to subsection 2(1).

Delays

4 (1) Subject to subsection (2), if the departure or movage of a ship to which a pilot has been assigned is delayed for the convenience of the ship for more than one hour after the pilot reports for duty at the designated boarding point, a basic charge of $80 is payable for each hour or part of an hour of that delay, including the first hour.
(2) The maximum basic charge payable under subsection (1) for any 24-hour period is $1,920.

Cancellations

5 (1) If a request for pilotage services is cancelled after the pilot reports for duty at the designated boarding point, a basic charge of $1,673 is payable.
(2) Subject to subsection (3), if a request for pilotage services is cancelled more than one hour after the pilot reports for duty at the designated boarding point, in addition to the basic charge set out in subsection (1), a basic charge of $80 is payable for each hour or part of an hour, including the first hour, between the time that the pilot reports for duty and the time of cancellation.
(3) The maximum basic charge payable under subsection (2) for any 24-hour period is $1,920.
(4) If a request for pilotage services is cancelled after a pilot has left the pilot’s work station for the designated boarding point, there must be, in addition to any other basic charge set out in this section, a charge in an amount equal to reasonable travel and other expenses incurred by the pilot in travelling from the work station to that boarding point and back to the work station.

Assignment of More than One Pilot

6 If more than one pilot is assigned to a ship, the basic charges set out in this Schedule must be multiplied by the number of pilots assigned.
Slow-Moving Ships

7 (1) If a ship exchanges pilots in accordance with subsection 8.1(1) of the Great Lakes Pilotage Regulations, the basic charges set out in this Schedule must be multiplied in accordance with section 6.
(2) If a ship that is required to exchange pilots under subsection 8.1(1) of the Great Lakes Pilotage Regulations does not do so because no licensed pilot is available for an exchange, the basic charges set out in this Schedule must be doubled.
(3) Subsections (1) and (2) do not apply in respect of a ship that is required to exchange pilots under subsection 8.1(1) of the Great Lakes Pilotage Regulations because the ship was slowed down by ice, weather or traffic.

Overcarriage

8 (1) If a pilot is unable to board a ship at the normal boarding point and must, in order to board it, travel beyond the area for which the pilot’s services are requested, a basic charge of $481 is payable for each 24-hour period or part of a 24-hour period during which the pilot is away from the normal boarding point.
(2) If a pilot is carried on a ship beyond the area for which the pilot’s services are requested, a basic charge of $481 is payable for each 24-hour period or part of a 24-hour period before the pilot’s return to the place where the pilot normally would have disembarked.
(3) In addition to the basic charges set out in subsections (1) and (2), there must be a charge in an amount equal to reasonable travel and other expenses incurred by a pilot that are directly associated with the requirement to travel to or from a place other than the pilot’s normal boarding or disembarking place.

SOR/85-986, s. 1;
SOR/86-450, s. 1;
SOR/89-322, ss. 1 to 6;
SOR/90-204, s. 2;
SOR/91-143, ss. 1, 2(F);
SOR/92-163, s. 3;
SOR/94-167, s. 2;
SOR/94-509, s. 2;
SOR/96-409, s. 5(E);
SOR/99-156, ss. 2 to 7;
SOR/2000-75, ss. 1 to 5;
SOR/2002-110, ss. 4 to 9;
SOR/2003-56, s. 3;
SOR/2003-278, ss. 1 to 6;
SOR/2004-87, ss. 1 to 6;
SOR/2004-196, ss. 2(F), 3 to 8;
SOR/2005-97, ss. 1 to 6;
SOR/2005-281, ss. 2, 3;
SOR/2006-192, ss. 2 to 7, 14 to 19;
SOR/2007-96, s. 2;
SOR/2008-179, ss. 3 to 8, 15 to 20;
SOR/2010-251, ss. 2 to 7;
SOR/2011-137, s. 3;
SOR/2012-120, ss. 2 to 7;
SOR/2013-105, ss. 2 to 7;
SOR/2015-71, ss. 2 to 7.

Previous Version

SCHEDULE 2(Subparagraphs 3(1)(b)(i) and (ii) and section 4)Pilotage Charges for the Cornwall District

General

1 The basic charge for a pilotage service set out in column 1 of the following table is set out in column 2 but is subject to the minimum basic charge set out in column 3, if applicable:
TABLE

Item
Column 1
Column 2
Column 3

Pilotage Service
Basic Charge ($)
Minimum Basic Charge ($)

1
Trip between the eastern limit of the Cornwall District and Cornwall or the pilot boarding station near Saint-Régis, Quebec
4,578
N/A

2
Trip other than a trip referred to in item 1
21.02 for each kilometre (34.98 for each statute mile), plus 585 for each lock transited
1,177

3
Docking or undocking for the purpose of loading or unloading cargo, stores or bunker fuel or of effecting repairs
820
N/A

4
Movage
1,763
N/A

Detention

2 (1) Subject to subsections (2) and (3), if a pilot is detained for the convenience of a ship after the end of the pilot’s assignment or during an interruption of the passage of the ship through the Cornwall District, an additional basic charge of $153 is payable for each hour or part of an hour that the pilot is detained.
(2) The maximum basic charge payable under subsection (1) for any 24-hour period is $3,672.
(3) No basic charge for detention of a pilot is payable under this section during an interruption of the passage of a ship that is caused by ice, weather or traffic, unless the interruption is during the period beginning on December 1 in a year and ending on April 8 in the next year.

Delays

3 (1) Subject to subsection (2), if the departure or movage of a ship to which a pilot has been assigned is delayed for the convenience of the ship for more than one hour after the pilot reports for duty at the designated boarding point, a basic charge of $153 is payable for each hour or part of an hour of that delay, including the first hour.
(2) The maximum basic charge payable under subsection (1) for any 24-hour period is $3,672.

Cancellations

4 (1) If a request for pilotage services is cancelled after the pilot reports for duty at the designated boarding point, a basic charge of $1,745 is payable.
(2) Subject to subsection (3), if a request for pilotage services is cancelled more than one hour after the pilot reports for duty at the designated boarding point, in addition to the basic charge set out in subsection (1), a basic charge of $153 is payable for each hour or part of an hour, including the first hour, between the time that the pilot reports for duty and the time of the cancellation.
(3) The maximum basic charge payable under subsection (2) for any 24-hour period is $3,672.
(4) If a request for pilotage services is cancelled after a pilot has left the pilot’s work station for the designated boarding point, there must be, in addition to any other basic charge set out in this section, a charge in an amount equal to reasonable travel and other expenses incurred by the pilot in travelling from the work station to that boarding point and back to the work station.

Assignment of More than One Pilot

5 If more than one pilot is assigned to a ship, the basic charges set out in this Schedule must be multiplied by the number of pilots assigned.

SOR/85-986, s. 1;
SOR/86-450, s. 1;
SOR/89-322, ss. 7 to 10;
SOR/90-204, s. 2;
SOR/91-143, ss. 1, 2(F);
SOR/92-163, s. 3;
SOR/94-509, s. 2;
SOR/96-409, s. 5(E);
SOR/99-156, ss. 8 to 11;
SOR/2000-75, ss. 6 to 11;
SOR/2002-110, ss. 10 to 13;
SOR/2003-56, ss. 4 to 7;
SOR/2003-278, ss. 7 to 10;
SOR/2004-87, ss. 7 to 10;
SOR/2004-196, ss. 9(F), 10 to 13;
SOR/2005-97, ss. 7 to 10;
SOR/2006-192, ss. 8 to 11, 20 to 23;
SOR/2008-179, ss. 9 to 12, 21 to 24;
SOR/2010-251, ss. 8 to 11;
SOR/2011-137, s. 3;
SOR/2012-120, ss. 8 to 11;
SOR/2013-105, ss. 8 to 11;
SOR/2015-71, ss. 8 to 11.

Previous Version

SCHEDULE 3(Paragraph 3(1)(b.1) and section 4)Pilotage Charges for the Port of Churchill, Manitoba

1 The basic charge for a pilotage service that is provided during the period beginning on July 20 in a year and ending on October 31 in the same year and that is set out in column 1 of the following table, is set out in column 2:
TABLE

Item
Column 1
Column 2

Pilotage Service
Basic Charge ($)

1
Entering or exiting the port
1,592

2
Movage
1,111

3
Embarking or disembarking a pilot at a pilot boarding station if a boat is used
The amount charged to hire the boat

2 The basic charges for any service provided in a year during the period preceding July 20 or following October 31 are the following:

(a) the salary and benefits of the pilot, as contracted, beginning on the date of the pilot’s departure from the pilot’s home base and ending on the date of the pilot’s return to that home base;
(b) the travel expenses of the pilot, starting from and ending at the pilot’s home base, including transportation, meals and lodging;
(c) the cost of the pilot’s use of a pilot boat, helicopter or other means of transportation; and
(d) a surcharge of 15% on the total of the amounts referred to in paragraphs (a) to (c), to cover administrative and assignment costs.

SOR/85-986, s. 1;
SOR/86-886, s. 1;
SOR/89-108, s. 2;
SOR/90-204, s. 2;
SOR/91-143, ss. 1, 2(F);
SOR/92-163, s. 3;
SOR/94-167, s. 3;
SOR/94-509, s. 2;
SOR/96-409, ss. 3, 4;
SOR/99-156, ss. 12, 13;
SOR/2002-82, s. 1(E);
SOR/2003-56, s. 8;
SOR/2003-278, s. 11;
SOR/2004-87, s. 11;
SOR/2004-196, ss. 14(F), 15, 16(F);
SOR/2005-97, s. 11;
SOR/2006-192, ss. 12, 24;
SOR/2008-179, ss. 13, 25;
SOR/2010-251, s. 12;
SOR/2011-137, s. 3;
SOR/2012-120, s. 12;
SOR/2013-105, s. 12;
SOR/2015-71, s. 12.

Previous Version